[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Notices]
[Pages 29686-29687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11743]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency


Notice of Funds Availability; Tree Assistance Program for 
California Tree Losses Due to Wild Fires

AGENCY: Farm Service Agency, USDA.

ACTION: Notice.

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SUMMARY: This notice announces the availability of $12,500,000 for the 
Tree Assistance Program (TAP) to compensate tree-fruit growers in 
disaster counties in California who had fruit tree losses as a result 
of the 2003 wild fires that occurred in southern California.

DATES: Applications by eligible persons may be submitted April 19, 2004 
through May 28, 2004, or such other date as announced by the Deputy 
Administrator for Farm Programs of the Farm Service Agency (FSA).

FOR FURTHER INFORMATION CONTACT: Eloise Taylor, Chief, Compliance 
Branch, Production, Emergencies and Compliance Divisions, FSA/USDA, 
Stop 0517, 1400 Independence Avenue SW., Washington, DC 20250-0517; 
telephone (202) 720-9882; e-mail: [email protected]. and 
http://www.regulations.gov. Persons with disabilities who require 
alternative means for communication of regulatory information, 
(Braille, large print, audiotape, etc. should contact USDA's TARGET 
Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION:

Background

    TAP was authorized but not funded by section 10201 of the Farm 
Security and Rural Investment Act of 2002 (Pub. L. 107-171) (7 U.S.C. 
8201) to provide assistance to eligible orchardists to replant trees, 
bushes and vines that were grown for the production of an annual crop 
and were lost due to a natural disaster. This notice sets out a special 
program within TAP for certain fruit tree losses due to wild fires in 
California. Section 102(e) of Division H of the Consolidated 
Appropriations Act, 2004 (Pub. L. 108-199) appropriated $12,500,000 to 
provide assistance under TAP to compensate tree-fruit growers in those 
counties that suffered losses due to the wild fires that occurred in 
southern California in the fall of 2003. Consistent with other 
subsections of the same legislation and what is understood to be 
Congressional intent, assistance will be limited to four counties. 
Assistance will be provided subject to regulations and restrictions 
governing the new TAP provided for in the 2002 Act. Those regulations 
were published March 2, 2004 (69FR9744) and are found at 7 CFR part 
783. Also, the restrictions of the statute apply. They include a 
requirement of replanting, a limitation on payments by ``person'', a 
limitation on acres for which relief can be claimed, a requirement that 
the loss be tied to a natural disaster, and others. If after the claims 
filed during the allowed period set out in this notice are received, 
and the available funds are less than the eligible claims, a proration 
will be made. Claims are limited to the lesser of the established 
practice rates or 75 percent of actual costs for eligible replantings 
after adjusting for normal mortality. Reimbursement for those plantings 
cannot exceed the reasonable cost of those replantings as determined by 
FSA. In addition, under current law, no ``person'' as defined by 
reference to program regulations can receive, cumulatively, for all TAP 
claims over the life of the program as administered pursuant to the 
general authority of the 2002 Act, a total of $75,000. Also, and 
cumulatively, no person for all TAP claims for all commodities over the 
life of the administration of the program can, under current law, 
receive benefits for losses on more than 500 acres. All other 
restrictions of the TAP regulations and statute apply as well. Other 
requirements may also apply.

Applications

    Applications will be accepted until May 28, 2004, or such other 
date as announced by the Deputy Administrator for Farm Programs of FSA. 
Only producers with losses in eligible counties in California may file 
an application. The counties are Los Angeles, Riverside, San Diego, and 
San Bernardino for 2003 wild fire losses.
    Application forms are available for TAP at FSA county offices or on 
the Internet at www.fsa.usda.gov. A complete application for TAP 
benefits and related supporting documentation must be submitted to the 
county office before the deadline.
    A complete application will include all of the following:
    (1) A form provided by FSA;
    (2) A written estimate of the number of fruit trees lost or damaged 
which is prepared by the owner or someone who is a qualified expert, as 
determined by the FSA county committee;
    (3) The number of acres on which the loss was suffered; and
    (4) Sufficient evidence of the loss to allow the county committee 
to calculate whether an eligible loss occurred.
    (5) Other information as requested or required by regulation.


[[Page 29687]]


    Signed at Washington, DC April 27, 2004.
Michael W. Yost,
Acting Administrator, Farm Service Agency.
[FR Doc. 04-11743 Filed 5-24-04; 8:45 am]
BILLING CODE 3410-05-P